Dassler v. Wisley
Supreme Court of Missouri
Appeal from Webster Circuit Court. I. The Circuit Court committed error in giving the first instruction asked by the respondent. II. The Circuit Court erred in giving respondent’s third instruction, as it is surely neither the law or the policy of Missouri to submit the pleadings to a jury, to hunt out what allegations are and what are not material. That is abstractly the law, but it is a duty of the court and not of the jury to hunt and declare them. III.
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Appeal from Webster Circuit Court. I. The Circuit Court committed error in giving the first instruction asked by the respondent. II. The Circuit Court erred in giving respondent’s third instruction, as it is surely neither the law or the policy of Missouri to submit the pleadings to a jury, to hunt out what allegations are and what are not material. That is abstractly the law, but it is a duty of the court and not of the jury to hunt and declare them. III. The Circuit Court committed error in refusing to give the second instruction asked by appellant, as the proof showed that appellant had…
1Opinion of the CourtBates, Judge
Plaintiff sued the defendant on an account for work and labor, the greater part of which was on and about the making and burning a kiln of brick.
Defendant, by his answer, avers that the work done in making and burning the brick, was so done under a special contract, whereby the plaintiff agreed to. superintend the making and burning a kiln of brick for the defendant for a stipulated price per day, on condition that the plaintiff was to make for defendant “ a good burn ; ” and if he failed to make a good burn, he was to have nothing for his time and labor. Defendant also alleged that the…
2Cited by6 opinions
- Independent Cotton Oil Co. v. BeachamSupreme Court of Oklahoma · 1911
- Wichita Falls & N. W. Ry. Co. v. PuckettSupreme Court of Oklahoma · 1915
- Blackmore v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1901
- West Chicago St. R. R. v. KautzAppellate Court of Illinois · 1900
- Kindel v. HallColorado Court of Appeals · 1896
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